Montana Statutory General Power of Attorney with Durable Provisions 2025

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You can have both a Durable Power of Attorney for Health Care and a Financial or General Power of Attorney, and you can name a different agent for the purposes of each document.
Statutory Powers of Attorney are documents that are brought up through the laws of your state, i.e. the legislature, and give powers through those laws that the legislature passes. A Durable, or Common Law, Power of Attorney is based upon what is called case law, or the law of the court system.
Choosing between durable and general depends on what you need for the future. We suggest talking to an estate planning lawyer to see which one is right for you. In short, durable powers of attorney give better protection if someone cant make decisions and keep decision-making going.
Through the use of a valid Power of Attorney, an Agent can sign checks for the Principal, withdraw and deposit funds from the Principals financial accounts, change or create beneficiary designations for financial assets, and perform many other financial transactions.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
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People also ask

What is a general durable power of attorney? A general durable power of attorney authorizes someone to act in a wide range of legal and business matters and remains in effect even if you become incapacitated. The document is also known as a durable power of attorney for finances.

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